New Jersey § 2a:17-56

§ 2a:17-56.

a. A judgment for child support entered pursuant to P.L.1988, c. 111 ( C.2A:17-56.23a ) and docketed with the Clerk of the Superior Court shall be a lien against the net

proceeds of any settlement negotiated prior or subsequent to the filing of a lawsuit,

civil judgment, civil arbitration award, inheritance or workers' compensation award. The lien shall have priority over all other levies and garnishments against the

net proceeds of any settlement negotiated prior or subsequent to the filing of a lawsuit,

civil judgment, civil arbitration award, inheritance or workers' compensation award

unless otherwise provided by the Superior Court, Chancery Division, Family Part. The lien shall not have priority over levies to recover unpaid income taxes owed

to the State. The lien shall stay the distribution of the net proceeds to the prevailing party

or beneficiary until the child support judgment is satisfied. As used in this act “ net proceeds ” means any amount of money, in excess of $2,000, payable to the prevailing party

or beneficiary after attorney fees, witness fees, court costs, fees for health care

providers, payments to the Medicaid program under section 6 of P.L.1979, c. 365 ( C.30:4D-7.1 ), reimbursement to the Division of Employment Security in the Department of Labor,

the employer or employer's insurance carrier for temporary disability benefits that

may have been paid pending the outcome of a workers' compensation claim as provided

by section 1 of P.L.1950, c. 174 ( C.34:15-57.1 ), reimbursement to an employer or the employer's workers' compensation insurance

carrier as provided in R.S.34:15-40 , and other costs related to the lawsuit, inheritance or settlement are deducted from

the award, proceeds or estate; “prevailing party” or “beneficiary” shall not include

a partnership, corporation, limited liability partnership, financial institution,

government entity or minor child; and “ agent ” means an authorized representative of the prevailing party or beneficiary, a union

representative, an executor or administrator of a decedent's estate, an arbitrator

or any other person or entity if such person or entity is responsible for the distribution

of net proceeds to a prevailing party or beneficiary. b. Before distributing any net proceeds of a settlement, judgment, inheritance or

award to the prevailing party or beneficiary: (1) the prevailing party or beneficiary shall provide the attorney, insurance company

or agent responsible for the final distribution of such funds with a certification

that includes the prevailing party's or beneficiary's full name, mailing address,

date of birth and Social Security number; and (2) the attorney representing the prevailing party or beneficiary shall initiate a

search of child support judgments, through a private judgment search company that

maintains information on child support judgments, to determine if the prevailing party

or beneficiary is a child support judgment debtor. If the prevailing party or beneficiary is not represented by an attorney, the judgment

search shall be initiated by the opposing attorney, insurance company or agent before

the proceeds are distributed to the prevailing party or beneficiary. In the case of a workers' compensation action, the Administrative Office of the

Courts shall, at least once every 60 days, transmit information on child support judgment

debtors to the Division of Workers' Compensation in the Department of Labor. The information shall include the debtor's name, Social Security number, the amount

of the child support judgment, the Probation Division case number and the Probation

Division office to which the judgment is payable. The Division of Workers' Compensation shall match the data received on child support

judgment debtors against the information it maintains for individuals who have filed

workers' compensation claims with the division. When a match is identified, the Division of Workers' Compensation shall notify the

appropriate judge of compensation of the child support judgment before the decision,

award, determination, judgment or order approving the settlement is rendered. The judge of compensation shall incorporate in the decision, award, determination,

judgment or order approving the settlement, an order requiring the employer or the

employer's insurance carrier to contact the Probation Division to satisfy the child

support judgment out of the net proceeds of the workers' compensation award, order

or settlement before any such monies are paid to the employee. The Division of Workers' Compensation shall be immune from any civil liability that

may arise from any information provided by the division or any order issued by a judge

of compensation relating to a child support judgment, in accordance with this section. In the case of judgments or settlements resulting from a labor arbitration involving

employees of a school board or school district, a judgment search shall be initiated

by the school board or district prior to the release of any net proceeds to the employees

and only if there is an income withholding for child support active against the employee

in the records of the school board or district. In the case of an inheritance, the executor or administrator of the decedent's estate

shall initiate the judgment search. The judgment search company shall provide a certification to the attorney, insurance

company, agent or party initiating the lawsuit identifying whether or not the prevailing

party or beneficiary is a child support judgment debtor. In the case of net proceeds that are to be paid through a structured settlement or

other payment plan, the attorney, insurance company or agent shall be required to

conduct the child support judgment search only at the time of settlement or prior

to the distribution of the first payment under the plan. If a child support judgment is identified, the attorney, insurance company or agent

shall provide the Probation Division with a copy of the structured settlement or payment

plan within 30 days of identifying the child support judgment. If there are no attorneys representing either party in a civil lawsuit, the party

bringing the lawsuit shall initiate the judgment search and shall be required to file

the certification with the court at least 10 working days prior to the trial or with

the stipulation that the certification shall be filed at the time of the settlement

or dismissal of the lawsuit. For monies deposited with the court, no distribution of funds shall be made until

the attorney, prevailing party or beneficiary provides the Clerk of the Superior Court

with a copy of the certification showing that the prevailing party or beneficiary

is not a child support judgment debtor. The fee for a judgment search which is required by this section shall not exceed $10

for each name of a child support judgment debtor that is searched. The fee for a judgment search is chargeable against the net proceeds as a cost of

the settlement, judgment, inheritance or award. c. If the certification shows that the prevailing party or beneficiary is not a child

support judgment debtor, the net proceeds may be paid to the prevailing party or beneficiary

immediately. If the certification shows that the prevailing party or beneficiary is a child support

judgment debtor, the attorney, insurance company or agent that initiated the search

shall contact the Probation Division of the Superior Court to arrange for the satisfaction

of the child support judgment. The attorney, insurance company or agent shall notify the prevailing party or beneficiary

of the intent to satisfy the child support judgment prior to the disbursement of any

funds to the prevailing party or beneficiary. Upon receipt of a warrant of satisfaction for the child support judgment, the attorney,

insurance company or agent shall pay the balance of the settlement, judgment, award

or inheritance to the prevailing party or beneficiary. If the net proceeds are less than the amount of the child support judgment, the

entire amount of the net proceeds shall be paid to the Probation Division as partial

satisfaction of the judgment. If there are no attorneys representing either party in a civil lawsuit and the certification

filed with the court shows that the prevailing party or beneficiary is a child support

judgment debtor, the court shall order that the opposing party pay the amount of the

child support judgment to the Probation Division before any funds are paid to the

prevailing party or beneficiary. The court shall also insure that any judgment related to the lawsuit docketed with

the Clerk of the Superior Court reflect the Probation Division's superior claim to

such funds. d. An attorney, insurance company or agent shall not be liable for distributing net

proceeds to the prevailing party or beneficiary based on the results of a judgment

certification showing the prevailing party or beneficiary is not the debtor of a child

support judgment, if it is later shown that the prevailing party or beneficiary provided

inaccurate personal information on the initial certification to the attorney, the

insurer or agent. e. An attorney, insurance company or agent who, in accordance with this act, satisfies

a child support judgment from the net proceeds of a settlement, judgment, inheritance

or award, shall not be liable for payments which otherwise would have been made pursuant

to subsection a. of this section which were not so identified to the attorney, insurance

company or agent at the time of satisfaction. f. An attorney, insurance company or agent who, in accordance with this act, satisfies

a child support judgment from the net proceeds of a settlement, judgment, inheritance

or award, shall not be liable to the prevailing party or beneficiary or to that party's

creditors. g. An attorney shall not be required to challenge a child support judgment unless

retained by the prevailing party or beneficiary to do so. h. A private judgment search company is prohibited from using any information provided

by an attorney, insurance company or agent in accordance with this act for any purpose

other than: (1) determining if the prevailing party or beneficiary is the debtor

of a child support judgment; and (2) preparing a certification as required pursuant

to subsection b. of this section. i. To the extent feasible and permitted by the Rules of Court, the Administrative

Office of the Courts may share information on a child support judgment debtor with

an insurance carrier for the sole purpose of complying with the provisions of P.L.2000, c. 81 ( C.2A:17-56.23b et al.).